서울해사중재협회의 임의중재의 법적 쟁점과 발전방향

Abstract

There are two ways to solve legal disputes such as court ruling and arbitration. Most maritime related cases are solved by the arbitration. Arbitrations are divided as institutional arbitration and ad hoc arbitration. Maritime arbitration has been dealt by the Korea Commercial Arbitration Board (KCAB) in Korea. However, the Seoul Maritime Arbitration Association(SMAA) to deal with ad hoc arbitration was established in 2018. The KCAB established Asia-Pacific Maritime Arbitration Centre in 2018 at Pusan. The SMAA support the ad hoc arbitration in that it does not operate secretariats, all arbitration related documents are sent by parties in arbitration and the arbitrators are selected by the parties. The SMAA operates special arbitration such as ship collision arbitration. The effect of the arbitration award of the SMAA has the same effect as the court ruling. Because Korea is a state party to UNCITRAL Arbitration Model Law, the arbitration awards can be executed in the most foreign countries. In order to develop the SMAA ad hoc arbitration, producing Korean Maritime standard contract documents, globalization for accepting foreign related cases, and fortifying physical facilities are required.